For Grass Mitigation ServicesQualification Submittals Due by 2:00 p.m. on Friday, April 19, 2013

Summary of RequestThe City of Memphis, through its Division of Community Enhancement, is seeking qualified grass mitigation contractors to mow privately owned lots and certain specified right of ways as needed by the City, including emergency grass cutting where necessary. At the present time, the City of Memphis desires to solicit additional licensed grass contractors. Previous successful bidders for grass mitigation services who are currently under contract with the City of Memphis will not be permitted to answer this RFQ. The City intends to select an unspecified number of contractors and enter into one year contractual agreements with the selected contractors who will provide grass mitigation services for the City of Memphis. The City of Memphis may extend the contract for additional years based upon need and funding availability.
The City will set the compensation rate for the grass mitigation based upon a predetermined rate and the selected contractors will be paid according to the rate set. The rates will be paid hourly based upon the type of lot expected to be mitigated. Each selected contractor will be used to mow the grass based upon a rotational system as established and implemented by the City. The City will determine which group of Selected Contractors will be best suited for the different grass mitigation demands. The City will not guarantee a minimum number of lots to mitigate during the term of the contract and at its discretion will pull from the pool of contractors as the need arises. The City expects to cover thousands of lots during the term of the contract.

Only Contractors who meet the program qualifications will be able to submit applications. Contractors must comply with all state, county and city policies related to grass mitigation and must have meet all necessary License Requirement to conduct business in Memphis/Shelby County, Tennessee.

Contract Application packets are available online on the City of Memphis website located at

www.memphistn.gov. Completed applications must be received by the City of Memphis no later than 2:00 p.m. on Friday, April 19, 2013. Late Applications will not be accepted. Incomplete Applications will be deemed ineligible and will not be considered for review. The City of Memphis reserves the right to reject any and all submittals, and to accept any submittals which it deems most favorable to the City. Submittals of qualifications will be evaluated based on qualifications, experience, references, access to grass mitigation equipment and other factors deemed important to the City of Memphis.
To be considered, please complete and submit the enclosed form to the City by 2:00 p.m. on Friday, April 19, 2013.

SCHEDULE OF EVENTS.........................................................................................11

GRASS MITIGATION REQUIREMENTS..………………………………………12

SUBMISSION REQUIREMENTS…………………………………………………13-14

EVALUATION……………………………………………………………………..15

REQUEST FOR QUALIFICATIONS TERMSThe City of Memphis seeks responses from qualified, grass mitigation contractors who have the expertise to provide Grass Mitigation Services for private owned lots and specified right of ways in accordance with this solicitation document. This is a Request for Qualifications that may be modified by the City during the selection process.
THE CITY OF MEMPHIS ENCOURAGES THE PARTICIPATION OF SMALL AND MINORITY BUSINESSES IN THE PURCHASING PROCESS.
The City of Memphis is an Equal Opportunity Employer and does not discriminate on the basis of race, color, national origin, sex, religion, age or handicap status in employment or in the provision of services.
This procurement may be subject to the requirements of Ordinance No. 5114 which establishes a local preference for local businesses located within the City of Memphis. A copy of your Memphis and Shelby County Tennessee Business Tax Receipt must accompany the bid for consideration of this ordinance.
The contract may be subject to the requirements of Ordinance No. 5185, as amended, which establishes a minimum wage for employees of businesses receiving a service or service-related contract from the City of Memphis.
Any protest of award must be filed in writing with the Purchasing Agent within five (5) calendar days of the award announcement at the following address: City of Memphis Purchasing Agent; 125 North Main, Room 354; Memphis, Tennessee 38103.
Only responses submitted on this form(s) with no changes, additions or deletions to the terms and conditions will be considered. Bids containing terms and conditions other than those contained herein may be considered nonconforming.
No objections with regard to the application, meaning, or interpretation of the specifications will be considered after the opening of the subject responses. If there are questions or concerns regarding any part of plans, terms, specifications or other proposed documents, a written request for interpretation thereof may be submitted to the City Purchasing Agent prior to the deadline date. The organization submitting the request shall be responsible for the prompt delivery of the request. Any interpretation in response to the written request will be made only by addendum duly issued by the City. The City of Memphis will not be responsible for any other explanation or interpretation of the proposed documents.
All responses must be signed by an authorized representative of your organization. Unsigned responses will be considered nonconforming.
Any contract resulting from the responses received in response to this solicitation shall be construed in accordance with and governed by the laws of the State of Tennessee. All actions, whether sounding in contract or in tort, relating to the validity, construction, interpretation and enforcement of this Agreement shall be instituted and litigated in the courts of the State of Tennessee, located in Shelby County, Tennessee without regard to conflicts of laws principles.
By order of the Mayor of the City of Memphis, Tennessee.
A C WHARTON, JR., MAYOR

Eric S. Mayse, City Purchasing AgentPublished in the Daily News: April 2, 3, 2013
INSTRUCTIONS TO RESPONDENTSRespondents shall submit their responses in a sealed envelope INDICATING ON THE OUTSIDE: THE COMPANY NAME and THE REQUEST FOR QUALIFICATION NUMBER.

Responses submitted and accepted by the City become the property of the City of Memphis and will not be returned. The City has the right to reject any or all responses.

Respondents must comply with all applicable licensing requirements. Pursuant to the City of Memphis Charter, Article 71, Section 777 et seq., it is unlawful to operate a business within the limits of the city of Memphis without possessing a Memphis and Shelby County business license, excepting non-profit organizations that qualify as tax exempt under Sec. 501(c)(3) of the Internal Revenue Code. Upon award notification and prior to the City entering into a contract with the vendor, the successful vendor, whose principal business address is located within the limits of the city of Memphis, will be required to submit, along with the required insurance and other required documentation, a copy of (1) the tax-exempt ruling or determination letter from the Internal Revenue Services; or (2) its current Memphis and Shelby County Business Tax Receipt/License.
The City of Memphis reserves the right to cancel this solicitation or to reject, in whole or in part, any and all responses. Any firm receiving a mailed solicitation on the above subject and not bidding will be electronically removed from the City's mailing list used for the above-referenced subject after 3 consecutive non-responses or no bids.
For additional information concerning this solicitation, please contact:

LATE RESPONSES WILL BE CONSIDERED NON-CONFORMING AND WILL NOT BE CONSIDERED IN THE EVALUATION PROCESS.The response must set forth accurate and complete information as required in this solicitation. Incomplete responses will not be considered for selection if the omission(s) are determined, in the City's sole discretion, to be significant. Unclear and/or inaccurate documentation may not be considered for a contract award. Falsification of any information may result in disqualification.
RFQ Inquiries Respondents shall submit all questions or concerns related to this RFQ by fax or by e-mail to the address as specified above. No oral requests for clarification or information will be accepted.
Respondents shall identify all e-mail inquiries in the subject line as "RFQ Inquiry" and shall submit questions no later than five (5) days before the Pre-bid Conference date. To ensure the fair and consistent distribution of information, all questions will be answered at the Pre-bid Conference. No individual answers will be given other than those given at the Conference. All other official answers or position of the City will be the one posted via the City's website.
Any revisions to the solicitation will be made only by an addendum issued by the City, which will be posted on the City's website (www.memphistn.gov) or issued to all parties who have been issued a copy of this solicitation and have been duly recorded as having received a copy in the City's solicitation distribution log.

GENERAL GUIDELINES FOR RESPONSE PREPARATIONResponse Format: The format in which responses are to be submitted is included in this RFQ. Responses that do not conform to this format will be declared non-responsive and will not be considered for an award from the City.
Amendments to RFQ: The City reserves the right to re-issue or change any portion of this RFQ, in its sole discretion.
Withdrawing RFQ: The City reserves the right to withdraw this solicitation at any time prior to making an award based on this solicitation.
Preparation and Presentation Costs: The Respondent shall bear the total costs for any and all appearances and the costs associated with preparing the response or responding to the RFQ. The City shall not, in any event, be liable for any expenses incurred by Respondents in the preparation and/or submission of the responses. Responses shall not include any such expenses as part of the proposed budget.Deadline Extension: The City reserves the right to extend the submission deadline, if such action is considered necessary by the City. In the event the deadline is extended, Respondents will have the right to retrieve and revise their responses.
Ambiguity, Conflict, or other Errors in the RFQ: If a Respondent discovers any ambiguity, conflict, discrepancy, omission or other error in the RFQ, it shall immediately notify the City, in writing via fax or e-mail, of such error and request modification or clarification of the document. The Respondent shall include the RFQ number, page number and the applicable paragraph title. The City will issue/post any revisions to the RFQ on the City's website (www.memphistn.gov). The Respondent is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in the solicitation prior to submitting the response or any ambiguity, conflict, discrepancy, etc. shall be waived.
Failed Competition: The City reserves the right to reject any or all responses which are not responsive to the specifications of this Request for Qualifications (RFQ). Competitive negotiation requires that at least two responsive responses for the same scope of work and service area be received in response to the RFQ. A competition is considered failed if only one responsive response is received. If a competition has been declared failed, the City then has the option to reopen the procurement or enter into a non-competitive procurement.
Amendments to Response: Once a response has been submitted, the City will not accept any amendments to the response.
Withdrawing a Response: At any time prior to the scheduled deadline for receipt of responses, the Respondent may withdraw its response by submitting a written request from the authorized representative whose name and signature appears on the response. A written request to withdraw the response must be submitted in writing to: Office of the City of Memphis Purchasing Agent

Room 354, City Hall, 125 North Main, Memphis, TN 38103

Acceptance/Rejection of Responses: The City reserves the right to accept or reject, in whole or in part, any or all responses submitted. The City shall reject the response of any Respondent that is determined to be non-responsive.
Informalities/Minor Irregularities: The City reserves the right to waive minor irregularities or informalities in a Respondent's response when the City determines that it will be in City's best interest to do so. Any such waiver shall not modify any remaining RFQ specifications or excuse the Respondent from full compliance with the RFQ specifications and other contract requirements if the Respondent is awarded the contract.
Respondent indebted to the City: No contract will be awarded to any organization which, in the City's sole discretion, is in arrears to the City of Memphis upon any debt or contract, or which is a defaulter as surety or otherwise under any obligations to the City of Memphis, or which has failed to perform faithfully on any previous contract with the City of Memphis.
Validity of Responses: All responses shall be valid for a period of 120 days from the opening date of the responses.
Compliance with the RFQ: The submission of a response shall be taken as prima facie evidence that the Respondent has familiarized itself with the contents of the RFQ and with these terms and conditions, in particular. The failure or omission by the Respondent to receive or examine this RFQ shall in no way relieve the Respondent of any obligation with respect to its submission or of any term or condition of this RFQ and may result in disqualification. In order to be deemed responsive, Respondents must provide responses to address all items in the RFQ.
Lengthy Responses: The City discourages overly lengthy and costly responses; however, in order for the City to evaluate responses fairly and completely, Respondents should follow the format set out herein and provide all information requested. Responses shall be as thorough and detailed as possible, but prepared simply providing a straightforward, concise description of the Offeror's capabilities to provide the services and satisfy the requirements of the RFQ. Emphasis should be placed on completeness and clarity of content.
Local Preference: This procurement may be subject to the requirements of Ordinance No. 5114 which establishes a local preference for local businesses located within the City of Memphis. A copy of the Memphis and Shelby County Tennessee Business Tax Receipt shall accompany the bid for consideration of this ordinance.
Living Wage: This procurement may be subject to Ordinance No. 5185, as amended, which establishes a minimum wage for employees of businesses providing services for the City of Memphis. The Living Wage Ordinance, and any amendments thereto, can be accessed on the City's website (www.memphistn.gov). Once on the City's homepage, click on the "Business" link, and then click on the "Doing Business with the City" link. A link to the Ordinance will be accessible on the top right side under the section "Links."
Contract Award The City may fund all or any part of a response, and the City will only accept responses for the services requested. The response submitted in response to this solicitation is not a legally binding document; however, the contract, which will be based on information provided in the response, becomes legally binding once all parties have signed it. Any contract resulting from this RFQ shall be subject to the City of Memphis General Terms and Conditions set forth in this solicitation. The successful Contractors shall be required to execute the contracts originated by the City of Memphis and satisfy all contract requirements as specified by the City (See General Conditions of Contract included herein). Any contract awards and amounts pursuant to this solicitation are subject to the availability and appropriation of funds. Unless changed by the City, the anticipated contract will commence upon contract execution and end June 30, 2014. The City reserves the option to extend the contract term for 2 additional 12-month periods.
Insurance: If awarded a contract pursuant to this RFQ, the Contractor will be required to have and maintain the insurance specified in the RFQ. The successful Contractor will be required to furnish the City, on or before the effective date of the Agreement, a Certificate of Insurance and/or policies attested by a duly authorized representative of the insurance carrier evidencing that the insurance required is in effect. All insurance companies must be acceptable to the City of Memphis and be licensed in the State of Tennessee.
Business License: Pursuant to the City of Memphis Charter, Article 71, Section 777 et seq., it is unlawful to operate a business within the limits of the city of Memphis without possessing a Memphis and Shelby County business license, excepting non-profit organizations that qualify as tax exempt under Sec. 501(c)(3) of the Internal Revenue Code. Upon award notification and prior to the City entering into a contract with the vendor, the successful vendor, whose principal business address is located within the limits of the city of Memphis, will be required to submit, along with the required insurance and other required documentation, a copy of (1) the tax-exempt ruling or determination letter from the Internal Revenue Services; or (2) its current Memphis and Shelby County Business Tax Receipt/License.
Pre-bid Conference: The Pre-bid Conference for this RFQ will be held at 10:00 a.m. on Friday, April 12, 2013 at the Ground Maintenance Department, 281 East Parkway North, Memphis, Tennessee 38112.

1. Contractors must have the capacity to provide all labor and equipment in order to perform grass mitigation services to all assigned properties within Three (3) to Five (5) calendar days.

2. Must be able to mobilize a crew within 24 hours for emergencies and mobilize a crew within 72 for non-emergencies.
Equipment Suggested

While no specific grass mitigation equipment is required, Contractors are encouraged to have in their possession and to have proof of ownership through title record or other approved forms the following equipment:

a. Two tractors with bush hogs – one must be side-mount type. (Successful bidders must have one additional tractor and one additional side-mount bush hog for each additional area awarded.)
b. Two commercial type lawnmowers.

Manual tools – two blowers, two hand blades, two commercial line trimmers, two chainsaws and other equipment that may be needed to perform task.

Excavator or front-end loader

Compliance with Laws:

All work must be done in strict compliance with the laws of Memphis, Shelby County, Tennessee. The contractors must obtain and retain current contract registration throughout the life of the contract.

Public Safety:

Contractor must maintain all necessary safety precautions during mitigation including:

1. Contractor must check and confirm that no persons have gained access to the structure and property.

2. Contractor must make every effort to prevent damages to parked or passing vehicles, pedestrians, or adjacent homes and properties due to projectiles from the operation of mowers, bush hogs, etc.

3. This list is not meant to be exhaustive. Any unsafe or potentially unsafe situation must be discussed with the City and addressed immediately.

Environmental Compliance:Please be advised that in accordance with City Ordinance 4538, it is unlawful for any person to improperly dispose of, any contaminant into the storm water system. This ordinance prohibits the placing of debris in the street curb, street inlets or open ditches. This includes collected lawn clippings, leaves or branches.

SUBMISSION REQUIREMENTSApplication Format: All applicants must submit the completed Package, which includes the following:

Cover Sheet

Contractor Qualification Application

Licenses and Certifications

Conflict of Interest Certification

Certificate of Nondiscrimination

2011 Federal Tax Return (Or Latest)

All applications must be submitted on the provided forms where applicable and include a completed Contractor’s Qualification Form.

Contractor’s Qualification Form Requirements: The Respondent shall, as part of its Qualification Statement, provide the following information:
1) Professional Information

Please provide a brief discussion of your firm’s grass mitigation experience in Tennessee. Respondents must have a minimum of two (2) years experience in providing grass mitigation work or the equivalent. Briefly discuss your firm’s capabilities, experience, and qualifications to perform the required services.

2) Staffing

Respondents should identify the staff that will directly work with City staff, and those who will provide relevant backup expertise. The role and qualification for all direct staff should also be provided. Qualification information should include educational background, any licenses or certifications for the State of Tennessee. Levels of experience should be specific for the service requested.

3) Prior experience and references

Please provide at least three client references to include municipalities of comparable size and/or complexity as the City of Memphis.

Submission of Qualification Statements

Qualification Statements must be received by the City no later than 2:00 p.m. prevailing time on April 19, 2013, by mail or hand-delivered. To be responsive, Qualification Statements must provide all requested information, and must be in strict conformance with the instructions set forth herein. Qualification Statements and all related information must be bound, and signed and acknowledged by the Respondent.

Number of copies

Respondents must submit one (1) signed original and at least three (3) copies of their proposal of which must be unbound (for photocopying purposes). Proposals forwarded by facsimile or e-mail will not be accepted.

ALL APPLICATIONS MUST BE TYPED AND SEALED -NO HANDWRITTEN APPLICATIONS WILL BE ACCEPTED.EVALUATION

GeneralThe City's objective in soliciting Qualification Statements is to enable it to select Respondents that will provide high quality, effective, and professional services to the citizens of the City of Memphis in a timely manner. The City will consider Qualification Statements only from Respondents that, in the City's sole judgment, have demonstrated the capability and willingness to provide high quality services to the citizens of the City in the manner described in this RFQ.
Evaluation criteriaQualification statements will be evaluated by the City on the basis of what is most

Selection of Qualified ContractorsEach Qualification Statement must satisfy the objectives and requirements detailed in this RFQ. The City will select the most advantageous Qualification Statements based on all of the evaluation factors set forth in this RFQ. The City will make the awards that are in the best interest of the City. Successful Respondents shall be determined by an evaluation of the total content of the Qualification Statement submitted. The City reserves the right to:

1. Not select any of the Qualification Statements;

2. Award a contract for the requested services at any time within the qualification period.

3. Select less than the desired amount of Contractors based on qualifications

Every Qualification Statement should be valid through the qualification period. The City shall not be obligated to explain the results of the evaluation process to any Respondent.